ARTICLE THREE
Section 1. No person shall deprived of
life, liberty, or property without due
process of law, nor shall any person be
denied the equal protection of the laws.
Due Process
1. Under the authority of a law that is valid.
2. After compliance with fair and reasonable
methods of procedure prescribed by law.
Meaning of Life
means something more than mere animal
existence. The prohibition against its
deprivation without due process extends to all
the limbs and faculties by which life is
enjoyed.
Meaning of Liberty
denotes not merely freedom from physical
restraint. It also embraces the right of man to use
his faculties with which he has been endowed by
his Creator subject only to the limitation that he
does not violate the law or the rights of the others.
Meaning of Property
may refer to the thing itself or to the right
over a thing.
Meaning of Equal Protection of the Laws
signifies that “all persons subject to legislation
should be treated alike, under like circumtances
and conditions both in the priviledges conferred
and liabilities imposed”.
Section 2. The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant arrest shall issue except upon probable cause to
be determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be
seized.
Meaning of Probable Cause
is meant such facts and circumstances antecedent
to the issuance of a warrant sufficient in
themselves to induce a cautious man to rely upon
them and act in pursuance thereof.
Search Warrant
is an order in writing, issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
search for certain personal property and bring it
before the court.
Warrant Arrest
is an order in writing, issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
arrest a person designated to take him into custody
in order that he may be bound to answer for the
commission of an offense.
When Search and Seizure may be made
without warrant
1. Where there is consent or waiver
2. Where search is an incident to lawful arrest
3. In case of contraband or forfeited goods being transported by ship, automobile,
or other vehicle, where the officer making it has reasonable cause for believing
that the latter contains them, in view of the difficulty attendant to securing a
search warrant
4. Where, without a search, the possession of articles prohibited by law is
disclosed to plain view or is open to eye and hand
5. Exercise of police power such as inspection
6. Routinary searches usually made at the border or at ports of entry in the
interest of national security and for the proper enforcement of customs and
immigration laws.
When arrest may be made without
warrant
1. When in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense
2. When an offense has in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested has
committed it
3. When a person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgement or
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order
requires otherwise as prescribed by law.
(2.) Any evidence obtained in violation of
this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Right of privacy
Defined as the right to be left alone. It has also been
defined as the right of a person to be free from undesired
publicity, or disclosure and as the right to live without
unwarranted interference by the public in matters with
which the public is not necessarily concerned.
Limitations on right
1. Upon lawful order of the court
2. When public safety or order requires
otherwise as prescribed by law
Section 4. No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances.
Freedom of Speech and expression,
and of the press
implies the right to freely utter and publish
whatever one pleases without previous restraint,
and to be protected against any responsibility for
so doing as long as it does not violate the law, or
injure someone’s character, reputation or business.
Importance of the guarantee
1. Promotes growth of the individual and the nation.
2. Makes possible, scrutiny of acts and conduct of public
officials.
3. Insures a responsive and popular government.
Right of Assembly
means the right on the part of the citizens to meet
peaceably for consultation in respect to public
affairs.
Right of Petition
means the right of any person or group of
persons to apply, without fear of penalty, to
the appropriate branch or office of the
government for redress of grievances.
Section 5. No law shall be made respecting an
establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and worship,
without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political
rights.
Religious Freedom
is the right of a man to worship God, and to
entertain such religious views as appeal to his
individual conscience, without dictation or
interference by any person or power, civil or
ecclesiastical.
Religion
includes all forms of belief in the
existence of superior beings exercising
power over human beings and imposing
rules of conduct with future state of
rewards or punishments.
Section 6. The liberty of abode and of changing
the same within the limits prescribed by law
shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be
impaired except in the interest of national
security, public safety, or public health, as may
be provided by law.
Liberty of abode and travel
is the right of a person to have his home in
whatever place chosen by him and thereafter
to change it at will, and to go where he
pleases, without interference from any
source.
Section 7. The right of the people to
information on matters of public concern shall
be recognized. Access to official records,
documents, and papers pertaining to official
acts, transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
Scope of the right
1. The right embraces all public records;
2. It is limited to citizens only but is without
prejudice to the right of aliens to have access to
records of cases where they are litigants; and
3. Its exercise is subject to such limitations as may
be provided by law.
Quiz No.3
1. defined as a declaration and enumeration of a person’s rights and privileges which the
Constitution is designed to protect against violations by the government.
2. rights of the citizens which give them the power to participate, directly or indirectly,
in the establishment or administration of the government.
3-5. Give the Classification of Rights.
6. is an order in writing, issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for certain personal property and
bring it before the court.
7. is an order in writing, issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to arrest a person designated to take him
into custody in order that he may be bound to answer for the commission of an offense.
8-9. Give at least to instances that arrest may be made without warrant.
10. Defined as the right to be left alone. It has also been defined as the right of a person to be
free from undesired publicity, or disclosure and as the right to live without unwarranted
interference by the public in matters with which the public is not necessarily concerned.
Section 8. The right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law shall
not be abridged.
Right to form associations
is the freedom to organize or to be a member of
any group or association, union, or society, and to
adopt the rules which the members judge most
appropriate to achieve their purpose.
Section 9. Private property shall
not be taken for public use without
just compensation
3 Great Powers of the Government
1. Power of eminent domain
2. Police power
3. Power of taxation.
Eminent domain
is the right or power of the State or of those to
whom the power has been lawfully delegated to
take (or expropriate) private property for public use
upon paying to the owner a just compensation to
be ascertained according to law.
Conditions for or limitations upon its
exercise
1. Existence of public use.
2. Payment of just compensation.
3. Observance of due process of law in the taking.
Police power
has been referred to as the power of the State to
enact such laws or regulations in relation to
persons and property as may promote public
health, public morals, public safety, and the
general welfare and convenience of the people.
Taxation
is the power of the State to impose charge or
burden upon persons, property, or property rights,
for the use and support of the government and to
enable it to discharge its appropriate functions.
Tax
are the enforced proportional contributions from
persons and property levied by the law making
body of the State by virtue of its sovereignty for
the support of the government and all public
needs.
Section 10. No law impairing the
obligation of contracts shall be
passed.
Obligation of contract
is the law or duty which binds the parties to
perform their agreement according to its terms or
intent, if it (agreement) is not contrary to law,
morals, good customs, public order, or public
policy.
Section 11. Free access to the
courts and quasi-judicial bodies
and adequate legal assistance shall
not be denied to any person by
reason of poverty.
Constitutional rights of the accused in
criminal cases
1. The right to adequate legal assistance;
2. The right, when under investigation for the commission of an offense, to
be informed of his right to remain silent and to have counsel;
3. The right against the use of torture, force, violence, threat, intimidation
or any other means which vitiates the free will;
4. The right against being held in secret, incommunicado, or similar forms of
solitary detention;
5. The right to bail and against excessive bail;
6. The right to due process of law;
Constitutional rights of the accused in criminal
cases
7. The right to presumption of innocence;
8. The right to be heard by himself and counsel;
9. The right to be informed of the nature and cause of the
accusation against him;
10. The right to have a speedy, impartial, and public trial;
11. The right to meet the witnesses face to face;
12. The right to have compulsory process to secure the attendance
of witnesses and the production of evidence in his behalf;
Constitutional rights of the accused in
criminal cases
13. The right against self-incrimination;
14. The right against detention by reason of political beliefs and
aspirations;
15. The right against excessive fines;
16. The right against cruel, degrading or inhuman punishment;
17. The right against infliction of the death penalty except for
heinous crimes; and
18. The right against double jeopardy.
Reasons for constitutional safeguards
1. A criminal case, an unequal contest
2. Criminal accusation, a very serious matter
3. Protection of innocent, the underlying purpose
Section 12. (1) Any persons under investigation
of an offense shall have the right to be informed
of his right to remain silent and to have
competent and independent counsel preferably
of his own choice. If the person cannot afford
the services of counsel, he must be provided
with one. These rights cannot be waived except
in writing and in the presence of counsel.
Section 12. (2) No torture, force, violence,
threat, intimidation, or any other means which
vitiate the free will shall be used against him.
Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited.
Section 12. (3) Any confession or admission
obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
(4) The law shall provide for penal
and civil sanctions for violations of this section
as well as compensation to and rehabilitation of
victims of torture or similar practices, and their
families.
Section 13. Any person, except those charged
with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before
conviction, bailable by sufficient sureties, or be
released on recognizance as may be provided
by law. The right to bail shall not be impaired
even when the privilege pf the writ of habeas
corpus is suspended. Excessive bail shall not
required.
Meaning of Bail
is the security required by a court and given for the
provisional or temporary release of a person who is in the
custody of the law conditioned upon his appearance
before any court as required under the conditions.
Meaning of capital offense
is an offense which, under the law existing at the
time of its commission, and at the time of the
application to be admitted to bail, may be
punished reclusion perpetua, life imprisonment or
death.
Section 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to
be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that
he has been duly notified and his failure to appear is
unjustifiable.
Meaning of arraignment
is made in open court by the judge or clerk, and
consists in furnishing the accused a copy of the
complaint or information with the list of witnesses,
reading the same in the language or dialect known
to him and asking him weather he pleads guilty or
not guilty.
Speedy Trial
means one that can be had as soon as possible,
after a person is indicted and within such time as
the prosecution, with the reasonable diligence,
could prepare for it.
Conducted according to fixed rules, regulations,
and proceedings of law free from vexatious,
capricious and oppressive delays.
Impartial Trial
implies an absence of actual bias in the trial
of cases.
Public Trial
means open to all, as that of the accused’s friends
and relatives and others who may be inclined to
watch the proceedings in order to see if justice is
intelligently and impartially administered.
Right to confrontation of witnesses
Cross-examination of witnesses by the accused
Assessment by the court of witness’ credibility
